Forgot, apparently in your rant of “democratic means of decision making” (You are finally getting it) by elected Reps., you failed to understand what I was trying to say.
If we were a true “democracy” the founders would have placed an odd number of justices by DEFAULT and insisted when Congress expanded the court an odd number be kept by CONSTITUTIONTIONAL authority. You implied that it was always an odd number in your initial post and it was not. Had you have been honest you would of pointed out the USSC started at six, changed, went to another even number 50+ years later and to further your cause say “democracy” changed that.
Of course they settled at 6 in the beginning and gave Congress the power to expand as they saw fit. If Congress wanted an uneven number of oligarchs than so be it. How are “the people” involved in this process again? Are we not a “democracy”?
“I demand the right to vote how many Justices are on the court. Give me my democracy damn it”.
Not necessarily Rollo. The judiciary wasn't defined with as much detail as the other two branches because, apparently, the Framers were content to let it evolve within our democracy. The judiciary in fact was quite slow to evolve compared to the Congress and the Administration. You can call America what you will, but you cannot deny that the fingerprints of democracy are all over our Constitution and our governmental history.